Oregon Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
Court-ordered mediation; rules
Each judicial district shall:
Provide a mediation orientation session for all parties in cases in which child custody, parenting time or visitation is in dispute, and in any other domestic relations case in which mediation has been ordered. The orientation session may be structured in any way the circuit court determines best meets the needs of the parties. The orientation session should be designed to make the parties aware of:
What mediation is;
Mediation options available to them; and
The advantages and disadvantages of each method of dispute resolution.
Have developed a plan that addresses domestic violence issues and other power imbalance issues in the context of mediation orientation sessions and mediation of any issue in accordance with the following guidelines:
All mediation programs and mediators must recognize that mediation is not an appropriate process for all cases and that agreement is not necessarily the appropriate outcome of all mediation;
All mediation programs and mediators must develop and implement:
A screening and ongoing evaluation process of domestic violence issues for all mediation cases;
A provision for opting out of mediation that allows a party to decline mediation after the party has been informed of the advantages and disadvantages of mediation or at any time during the mediation; and(iii) A set of safety procedures intended to minimize the likelihood of intimidation or violence in the orientation session, during mediation or on the way in or out of the building in which the orientation or mediation occurs;
When a mediator explains the process to the parties, the mediator shall include in the explanation the disadvantages of mediation and the alternatives to mediation;
All mediators shall obtain continuing education regarding domestic violence and related issues; and
Mediation programs shall collect appropriate data. Mediation programs shall be sensitive to domestic violence issues when determining what data to collect.
In developing the plan required by paragraph (d) of this subsection, consult with one or more of the following:
A statewide or local multidisciplinary domestic violence coordinating council.
If a court provides mediation of financial issues, it shall develop a list of mediators who meet the minimum education and experience qualifications established by rules adopted under ORS 1.002 (Supreme Court). The rules must require demonstrated proficiency in mediation of financial issues. Once the list is developed, the judicial district shall maintain the list. Mediation of financial issues is subject to the plan developed under subsection (1)(d) of this section and to the limitations imposed by subsection (2) of this section.